How San Bernardino’s Court System Handles Felony DUI Cases Involving Minors in the Vehicle

Defending Felony DUI Charges in San Bernardino

Driving under the influence (DUI) is a serious offense in California, but the legal consequences become significantly more severe when a child is present in the vehicle. In San Bernardino, felony DUI cases involving minors trigger aggressive prosecution strategies and harsh penalties. These cases don’t just pose criminal consequences—they can impact your parental rights, employment, and long-term future. Understanding how California law treats DUI cases with child passengers and how the San Bernardino court system processes them is critical for anyone facing such a charge.

When a DUI Becomes a Felony in California

Not every DUI is a felony, but specific aggravating factors can escalate a misdemeanor to a felony under California law. One of the most common triggers is having a minor under the age of 14 in the vehicle at the time of the offense. Under Section 23572 of the California Vehicle Code (Cal. Veh. Code § 23572), this condition enhances the penalties even if it’s your first DUI offense.

The statute mandates additional jail time as follows:

• 48 hours for a first offence
• 10 days for a second offence
• 30 days for a third offence
• 90 days for a fourth or subsequent offense

These enhancements apply in addition to the standard DUI penalties, which may include license suspension, fines, DUI school, and ignition interlock requirements. If the circumstances are particularly egregious—such as speeding, reckless driving, or a high BAC—prosecutors may file the case as a felony DUI under other statutes or combine charges for maximum sentencing exposure.

Important considerations for felony classification include:

• Prior convictions: A fourth DUI within 10 years is a felony.
• Injury or death: DUI causing injury or fatality is charged under Vehicle Code § 23153 as a felony.
• Presence of a minor: Even if it’s your first DUI, having a child in the car enhances punishment and could support a felony filing in conjunction with other charges.

The Role of Aggravating Factors in Sentencing

Aggravating factors are elements of the offense that justify harsher punishment. In felony DUI cases involving a minor, courts take a particularly strong stance due to the perceived danger to vulnerable individuals. Judges have the discretion to impose longer sentences and deny alternatives like probation when they believe a defendant poses a risk to public or child safety.

Under Section 1170(h) of the California Penal Code (Cal. Penal Code § 1170(h)), judges may tailor sentencing depending on the specifics of the case, including the defendant’s criminal history, the severity of the conduct, and the presence of aggravating or mitigating factors. The presence of a child, especially under dangerous conditions like excessive speed or extreme intoxication, almost always counts as an aggravating factor.

Common aggravating factors in these cases include:

• High BAC: A blood alcohol content of 0.15% or higher
• Reckless driving: Weaving, speeding, or running lights
• Prior DUI history: Especially within the last 10 years
• Unrestrained children: Minors not properly secured in child safety seats
• Accidents: Collisions, even minor ones, involving property damage or injury

Judges in San Bernardino tend to follow the California Criminal Jury Instructions (CALCRIM), which allow discretion within statutory limits. Still, prosecutors will emphasize these aggravating factors to justify stricter sentencing.

San Bernardino’s Court Process for Felony DUIs

Felony DUI cases in San Bernardino follow a structured legal process. Unlike misdemeanors, felony charges include additional procedural steps and heavier consequences. Knowing what to expect at each stage can help you and your legal team prepare an effective defense.

The key phases in San Bernardino felony DUI proceedings include:

• Arraignment: Your first court appearance is where the charges are read, and you enter a plea. Bail may be discussed at the same appearance.
• Preliminary hearing: A judge determines if there is enough evidence to proceed to trial. This hearing is a critical phase where your attorney can challenge the state’s case early.
• Pretrial motions and plea negotiations: Your lawyer may file motions to suppress evidence or negotiate plea deals with the District Attorney.
• Trial: If no plea is reached, the case proceeds to a jury trial. Prosecutors must prove the DUI and the presence of a minor beyond a reasonable doubt.

San Bernardino Superior Court handles felony DUI cases in the Rancho Cucamonga and San Bernardino Justice Centers. The process can move quickly or stretch over months, depending on the complexity of the case and the strategies involved.

Child Endangerment and Related Charges

In addition to the DUI charge itself, prosecutors often stack additional allegations such as child endangerment under Cal. Penal Code § 273a. This charge can be either a misdemeanor or a felony, depending on whether the child was put at risk of great bodily harm.

If the charge is filed as a felony, penalties can include:

• Up to six years in state prison
• A strike under California’s “Three Strikes” law
• Loss of child custody or parental rights in extreme cases

Stacking charges is a common tactic used to pressure defendants into plea bargains. For example, a prosecutor may offer to drop the felony child endangerment charge in exchange for a no-contest plea to felony DUI. These decisions carry serious consequences and must be carefully evaluated with legal counsel.

Mitigating Factors and Alternative Sentencing

While aggravating factors can increase punishment, mitigating factors may persuade the court to reduce charges or offer alternative sentencing options. Especially for first-time offenders or those with compelling personal circumstances, courts may allow treatment programs in lieu of jail.

Programs and considerations that may reduce penalties include:

• Parenting classes or alcohol treatment programs: Judges may consider completion of these programs as a sign of rehabilitation.
• SCRAM monitoring or ignition interlocks: These tools may allow conditional release or reduced sentencing.
• Demonstrated remorse and responsibility: Taking early steps toward recovery can positively influence sentencing.
• Absence of criminal history: First-time offenders often receive more leniency.
• Cooperation with law enforcement: Respectful and compliant behavior during the arrest may weigh in your favor.

Alternative sentencing, such as community service, house arrest, or probation with strict supervision, may be available through negotiation or court discretion.

What Happens to Custody and Family Law Matters?

One of the most overlooked consequences of a felony DUI involving a child is its impact on family law matters. In San Bernardino, DUI cases may be reviewed by Child Protective Services (CPS) when child endangerment is at stake. A record of child endangerment can result in temporary custody loss, supervised visitation, or mandatory parenting evaluations.

DUI cases can intersect with family law in the following ways:

• Custody modification: A felony DUI with a minor present may prompt the other parent to file for custody changes.
• CPS investigation: Law enforcement is required to report incidents of potential child abuse or endangerment.
• Criminal records in family court: Judges can consider DUI convictions when determining the child’s best interest.
• Coordinated case handling: Courts may refer defendants to the Family Dependency Drug Court or coordinate between criminal and family judges.

Being proactive by working with both a DUI defense attorney and a family law specialist can help mitigate long-term damage to your parental rights.

Talk to Patrick Silva, Attorneys at Law, for Trusted Felony DUI Defense

Facing a felony DUI charge involving a minor is one of the most serious legal challenges a person can encounter. The risk of prison, loss of custody, and lifelong consequences demands immediate and aggressive legal action. Our team understands the gravity of these cases. We have experience navigating San Bernardino’s legal system with strategy and care. Protect your rights, your family, and your future—starting today.

Call 909-500-4819 to speak with Patrick Silva, Attorneys at Law.